Domestic and International Politics in the Transatlantic Community

Common European Asylum System

Jean-Claude Juncker, President of the European Commission, made his first State of the Union before the European Parliament in Strasburg (read his address here). As he recalled in the early part of his address, the State of the Union is an important institutional exercise solidifying the relationship between the Commission and Parliament. In the State of the Union, the President addresses the overview of the past year, and identifies the priorities for the coming year. The title of his address is State of the Union 2015: Time for Honesty, Unity and Solidarity. Juncker wants to take a hard look at the way the EU and Europeans behave, which has been quite disastrous these last years, and the types of solutions that could be implemented in order to solve the many crises facing the Union.

The tone of his address was quite dark and accusative. At several occasions, Juncker was very critical, and pretty much started his address by saying that “our European Union is not in a good state.” In order to change the current path, Juncker urged to re-find a common European ground and solidarity among the 28 nations.

Source: European Commission. 2015

Five key priorities were identified by President Juncker: the refugee crisis; the euro area and the Greek future; the Brexit; the instability of Ukraine; and, climate change. They can be grouped into three categories: internal/institutional, regional and global.

Internal/Institutional Priorities

The first priority for the Europe as a whole is finding solutions for the refugee crisis. Juncker spent a considerable amount of time talking about the crisis and the solutions that can be implemented. Before talking cooperation and coordination, Juncker underlined the shared historical heritage of Europeans and the fact that migrations caused by political persecutions and oppressions have occurred at many occasions on the European continent. Juncker implied that forgetting our European past, or simply selecting moments of history, is not an acceptable approach. Juncker addressed the question of numbers of asylum seekers and correctly put it in perspective saying that they simply represents 0.11% of the overall EU population of 500 millions, when they are representing 25% of the Lebanese population (read

Juncker underlined that the Commission has been advocating for more integration on immigration policies in order to create a Common European Asylum System. If Juncker reminded the positive actions implemented by the EU like Frontex, foreign aid to Syria and so forth, he said that “Where Europe has clearly under-delivered, is on common solidarity with regard to the refugees who have arrived on our territory.”

In dealing with rising numbers of refugees arriving in Italy, Greece and Hungary, the Commission is pushing for the adoption by the EU meeting of ministers of September 14th of the “Commission proposals on the emergency relocation of altogether 160,000 refugees.”

The last sentences of his part on the refugee crisis was quite a powerful statement as it clearly illustrates Juncker’s vision of what Europe is and should be:

I do not want to create any illusions that the refugee crisis will be over any time soon. It will not. But pushing back boats from piers, setting fire to refugee camps, or turning a blind eye to poor and helpless people: that is not Europe.

Europe is the baker in Kos who gives away his bread to hungry and weary souls. Europe is the students in Munich and in Passau who bring clothes for the new arrivals at the train station. Europe is the policeman in Austria who welcomes exhausted refugees upon crossing the border. This is the Europe I want to live in.

The crisis is stark and the journey is still long. I am counting on you, in this House, and on all Member States to show European courage going forward, in line with our common values and our history.

The second priority concerns the Euro area, Greece and the European social model. The third priority consists in maintaining the unity of the Union by keeping Britain inside the EU. Juncker has always been clear on the fact that the UK ought to remain a core member of the Union.

Regional Priority – Ukraine

The fourth priority identified by Juncker deals directly with the stability of the European continent, and especially with the lingering military and political crises in Ukraine. Juncker’s view on the Ukrainian crisis is that the EU “will need more Europe and more Union in our foreign policy.” Juncker underlined that the 28 nations must show more unity in confronting Russia and demonstrating to Russia that it will have to pay a high cost in maintaining the regional instabilities in Eastern Ukraine. Interestingly enough, Juncker did not mention Crimea and its annexation by Russia.

Global Priority – Climate Change

In December, Paris will host the COP-21 meeting, which Europeans would like to be the meeting that brought global unity and commitment to addressing climate change. “Europe’s priority,” underlined Juncker “is to adopt an ambitious, robust and binding global climate deal.” The ultimate objective for the Europeans is quite grandiose as they hope to achieve the creation of an “international regime to efficiently combat climate change.” The creation of an international regime would be a fantastic first step, but having a regime without clear powers, independent enforcement mechanisms, and a fund would be meaningless. Then, each signatory of the regime will have to ratify it back home. If Europe can offer credible influence, it is uncertain that the United States, in period of presidential campaign until November 2016, would ratify it.

Juncker’s approach, which is in fact a Commission’s approach, to addressing the problem of climate change is a market-oriented strategy based on two aspects. The first one is the EU Emissions Trading System, which consists in trading quotas of emissions, and the second one is the development of the Energy Union, which is as well focused on innovations and on the interconnection with the markets.

Despite Being Political, the State of the Union Falls Short

Jean-Claude Juncker’s address is interesting as he, early on, underlined his legitimacy as President of the Commission as he was appointed directly after the elections of the European Parliament. Certainly, the President of the Commission is not directly elected by the European citizens, but for the first time ever the different candidates for his posts were semi-campaigning. Ultimately, he claimed that he has had “the opportunity to be a more

Photo: REUTERS Italian Member of the European Parliament Gianluca Buonanno (L) wears a mask depicting German Chancellor Angela Merkel

political President” and he told the Parliament that he “wanted to lead a political Commission. A very political Commission.”

The Commission is the executive body of the European Union as its role is to enforce and advance the interests of the Union. In short, the Commission is the guardian of the Treaties. Even though President Juncker appears to be frustrated about the direction of the EU, the lack of solidarity and unity among the Member States, his first State of the Union falls short for several reasons (read here a piece by Tim King of Politico arguing that Juncker lacked in persuasive explanation):

First, the address is too complex and tends to go back to the legal texts at too many occasions in order to validate and justify the power and legitimacy of the Commission. The address could have been much shorter and direct without all these legal justification. It is not certain that Juncker needed to offer some lecturing about the institutional design and functioning of the EU. In addition, this quest by Juncker for legitimacy and perpetual justification of his power is quite interesting and may underline some complex tensions at the European level.

Second, if Juncker’s plan on reforming the asylum model in Europe is well thought out, the solutions for Greece are not present at all. The part on the Greek crisis reinforces the sentiment that the EU is unable to merge the gap between a common currency and national fiscal policies and most importantly find a solution in re-launching the European economic engine.

Last but not least, if the five issues identified are right on the approach to solving them is the traditional one coming from the Commission and can be summed up by “more Europe.” This motto advanced the Commission of “more Europe” in order to solve all internal, regional and global problems is for many the cause of the disconnect between Brussels and the European nations. In his first address, Juncker failed in connecting with European citizens.

To end on a positive note, one of the most meaningful statements made by Juncker, which was lost in the length of text, appears in the conclusion. He said “While I am a strong defender of the Community method in normal times, I am not a purist in crisis times – I do not mind how we cope with a crisis, be it by intergovernmental solutions or community-led processes. As long as we find a solution and get things done in the interest of Europe’s citizens.” Such statement shows the true colors, meaning political philosophy, of Juncker and the desire to find the most appropriate solutions to solving serious crises. This should have been the core argument of his address.

(Copyright 2015 by Politipond. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed without permission).

With the death of 600 migrants in April, the EU and its Member States have been working on finding a solution to a serious and pressing regional crisis. In a matter of a month several proposals, with diverging philosophical orientation, have been drafted. On the one hand, the Juncker’s proposal, initiated by the European Commission, seeks in deepening the integration process through an harmonization and homogenization of EU immigration and asylum policies. While on the other hand, the Council of the EU agreed on the creation of a military CSDP naval mission, EU Naval Force in the Mediterranean (EUNAVFOR-Med), in order to disrupt smugglers. Even thought the Juncker’s proposal addresses a long-term need, it fosters opposition in most EU Member States, while EUNAVFOR only provides a quick and superficial fix to the problem of mass migrations. So far the EU and its Member States have not found the proper answer to this crucial regional crisis.

The Juncker’s Proposal: European Agenda on Migration

The European Commission presented its European Agenda on Migration on May 13th in order to contain and solve the current crisis taking place in the Mediterranean sea. The publication of the Commission’s agenda is a reaction of the massive influx of migrants and refugees coming from Libya, a transit country (read here a previous analysis on the migration crisis). Ensuing the largest human tragedy causing the death of 600 migrants in mid-April and an extraordinary European summit meeting leading to no real lasting solutions, Jean-Claude Juncker, President of the Commission, declared on announcing its Agenda that “We will be ambitious. We will be bold.”

The Agenda produced by the Commission laid out several policies. The first one consists in finding solutions through immediate actions:

Tripling the capacities and assets for the Frontex joint operations Triton (off the coasts of Italy) and Poseidon (off the coasts of Greece) in order to save lives;

destroying criminal smuggling networks through a possible Common Security and Defence Policy (CSDP) operation in the Mediterranean to dismantle traffickers’ networks and fight smuggling of people. Federica Mogherini, EU foreign policy chief, was at the UN Security Council on May 11th seeking for a UNSC resolution allowing EU Member States “to deploy military force to seize and destroy smugglers’ ships before they take on their human cargo”;

Relocation of migrants;

an EU-wide resettlement scheme to offer 20,000 placesdistributed in all Member States. The EU budget will dedicate an additional €50 million in 2015/16 to solve this problem;

Working with third countries in order to solve the root causes of migrations;

The infogram produced by EurActiv (see above) illustrates which EU Member States are the largest recipients of migrants and refugees and the main destinations. No surprise in finding Germany, France, Sweden and Italy as the main destination for migrants and refugees.

The second dimension of the Commission’s Agenda is about managing migration better on the long run.

first, the EU wants to address the root causes of migrations, crack down on smugglers and traffickers, and provide clarity in return policies;

second, develop better border management capabilities and increasing the power of Frontex;

third, develop a common asylum policy at the EU level. The Commission wants to create a Common European Asylum System;

fourth, a new policy on legal migration in order to attract skilled workers to the EU. The Commission wants to solidify a Europe-wide scheme, called the Blue Card Directive;

Source: European Commission

National Oppositions to the Juncker’s Proposal

All the EU Member States are not welcoming these new directives. For instance, the United Kingdom has announced that it would not participate in any quota scheme to distribute refugees across EU. In the case of Britain and Ireland, both countries have an ‘opt out clause’ allowing them to decide to participate or not on a specific program of this nature. The Home Office of the UK already released a statement saying that “We [Britain] will not participate in any legislation imposing a mandatory system of resettlement or relocation.” For Denmark, the country has an opt-out right where they do not participate at all. “The exemptions granted to the three countries are making it difficult for the commission to impose binding quotas on the 25 remaining EU member states, EU sources told AFP.”

The position of several EU Member States challenges the concept of European solidarity. “The European Council clearly stated that we need to find European solutions,” said First Vice-President Frans Timmermans “based on internal solidarity and the realisation that we have a common responsibility to create an effective migration policy.” Dimitris Avramopoulos, Migration, Home Affairs and Citizenship Commissioner, underscored the same message when saying that “In a spirit of greater solidarity, we are determined to implement a comprehensive approach that will improve significantly the management of migration in Europe.”

France already announced over the weekend that it was against the provision (read here a piece by Politico on France’s position). In case the quotas were to be implemented, “France would be asked to accept 14.17 percent of all those who reach the EU, while Germany would receive 18.42 percent, Italy 11.84 percent, and Spain 9 percent.” Instead France would be in favor to increase the number of asylum seekers. “Asylum is a right, attributed according to international criteria …” said French Prime Minister Manuel Valls, “That is why the number of its beneficiaries cannot be subject to quotas, one is an asylum seeker or not.” The Commission’s plan was rejected by seven other EU Member States, Czech Republic, Estonia, Latvia, Lithuania, Slovakia, and Poland. These ought to be added to the three EU Member States with opt-out rights like Britain, Ireland and Denmark.

The difference between the quota system and the current asylum rules is quite simple. By implementing a quota system, the Commission seeks in helping frontline states, like Greece, Italy and Spain, and sharing the burden across the EU. While the current system of asylum, established under the Dublin II, stipulates that the asylum seekers ought to ask for asylum in the country of arrival. The Commission’s plan is in fact a strategy in order to avoid frontline countries to be overflow by migrants, refugees, and asylum seekers in case of an explosion of migrating flux as predicated for 2015 and the coming years.

This agenda produced by the Commission is unlikely to be adopted as such. The foreign ministers discussed the agenda on May 18th, and will be preparing for the final plan for the June 25 EU leaders meeting.

The Military Option – EUNAVFOR to Combat Migration

Photo: Lynsey Addario for The New York Times

Ensuing the May 18th meeting between European foreign and defense ministers, the EU agreed on the launch of a CSDP naval mission in order to stop and disrupt smugglers in the Mediterranean. In the conclusions of the meeting, the Council argued that “This [global security environment] calls for a stronger Europe, with a stronger and more effective Common Security and Defence Policy (CSDP).”

The EU naval force – EUNAVFOR Med – will be based in Rome and headed by Italian Rear Admiral Enrico Credendino. EUNAVFOR Med will cover the Southern Central Mediterranean road and work in partnership with Libyan authorities. It will receive an initial 12 month mandate and a budget of €11.82 million for the first phase. As per HR Mogherini, EUNAVFOR will follow a specific progression: first stage, planning and assessment of smuggling networks; second stage, searching, seizing and disruption of assets of smugglers within the framework of international law.

However, in order to launch the naval mission, several crucial aspects will need to be discussed and agreed on. First, the EU will need more talks, and then reach an agreement on a resolution, under Chapter VII, from the United Nations Security Council. So far, it is yet unclear if the UNSC will be granting a resolution to the EU for such type of operation off the coast of Libya as it could establish a precedent for other maritime migration routes throughout the world. Additionally, Russia has already expressed its opposition to the use of jets and helicopters for the mission. Second, the EU Member States will have to agree on whom will be providing the required military capabilities and forces. It was already a problem with the Frontex’s operation Triton, so it may be another difficult negotiations for this one.

Last but not least, some wonders about the usefulness of such military operation. For instance, “Military operations in the Mediterranean are only really likely to have any impact” said Elizabeth Collett, the director of the Migration Policy Institute Europe, to the New York Times, “as one very small piece in a far more comprehensive strategy to address smuggling.”

Another Lost Opportunity?

The migration crisis illustrates once again a central problem for the EU and its Member States, the Member States. How to solve a global crisis requiring greater cooperation and integration without deepening the EU? In other words, more Europe is necessary in order to address a crisis as a bloc, but some Member States are either calling for less Europe or are cheery-picking. The challenge of the Juncker Commission and other EU institutions is how to advance the interests of the Union when most Member States are not willing to deepen and increase cooperation at the EU level.

Picking the Juncker’s proposal would allow the EU and its Member States to harmonize their immigration policies at the EU level. Choosing the Member States’ route of military action will only be a quick and temporary fix. In any case, both proposals do not address the root causes of the problems of mass migrations from MENA and Central Africa. If the EU and its Member States want to be a ‘security provider,’ they will have to do more than a naval mission in the middle of the Mediterranean sea.

(Copyright 2015 by Politipond. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed without permission).